What was Tenancy Tribunal case 5280739 about?

The tribunal order states: [The tenant/s] must pay Shelter Realty Limited As Agent For Bhagya Eranga

How much money was awarded in case 5280739?

Cleaning: $494.50 awarded to landlord; Cleaning: $401.35 awarded to landlord; Property Damage: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Property Damage: $570.00 awarded to landlord; Walls and Doors: $2,012.50 awarded to landlord; Property Damage: $750.00 awarded to landlord; oven replaced, including electrician…: $490.00 awarded to landlord; Replace furnishings: curtains and ne…: $318.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 5280739?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5280739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12566093-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5280739 about?

The tribunal order states: [The tenant/s] must pay Shelter Realty Limited As Agent For Bhagya Eranga

How much money was awarded in case 5280739?

Cleaning: $494.50 awarded to landlord; Cleaning: $401.35 awarded to landlord; Property Damage: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord; Property Damage: $570.00 awarded to landlord; Walls and Doors: $2,012.50 awarded to landlord; Property Damage: $750.00 awarded to landlord; oven replaced, including electrician…: $490.00 awarded to landlord; Replace furnishings: curtains and ne…: $318.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 5280739?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5280739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12566093-Tenancy_Tribunal_Order.pdf.

226 Mahia Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 5280739 — Property damage

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226 Mahia Road, Weymouth, Auckland 2103 Tenancy Tribunal Case 5280739 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5280739 — net $6,680.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement for the rest of the property, less depreciation	$1,200.00	Carpet replacement for the rest of the property, less depreciation
Repairs: hot water cylinder (limited to insurance excess only	$750.00	Repairs: hot water cylinder (limited to insurance excess only
Rent arrears to 22 May 2025	$670.00	Rent arrears to 22 May 2025
Window repairs	$379.50	Window repairs
Rubbish removal	$700.00	Rubbish removal
Electrical fittings replacement/repair: light, power points	$747.50	Electrical fittings replacement/repair: light, power points
Cleaning: exterior walls (intentionally soiled and tagged	$401.35	Cleaning: exterior walls (intentionally soiled and tagged
Cleaning	$494.50	Cleaning
Lock/key replacement	$600.00	Lock/key replacement
Repairs: floor, walls and doors, and kitchen cupboards	$2,012.50	Repairs: floor, walls and doors, and kitchen cupboards
Repairs: bedroom 1 carpet replacement	$570.00	Repairs: bedroom 1 carpet replacement
Repairs: oven replaced, including electrician's cost	$490.00	Repairs: oven replaced, including electrician's cost
Replace furnishings: curtains and nets	$318.00	Replace furnishings: curtains and nets
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,680.35
Total payable by Tenant to Landlord	$6,680.35

Claims and awards for application 5280739 — net $6,680.35 NZD. Verify on MoJ.

Carpet replacement for the rest of the property, less depreciation

Amount: $1,200.00
Awarded to: Landlord
Reason: Carpet replacement for the rest of the property, less depreciation

Repairs: hot water cylinder (limited to insurance excess only

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: hot water cylinder (limited to insurance excess only

Rent arrears to 22 May 2025

Amount: $670.00
Awarded to: Landlord
Reason: Rent arrears to 22 May 2025

Window repairs

Amount: $379.50
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $700.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Shelter Realty Limited As Agent For Bhagya Eranga Nishendra Wijeratne $6,680.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6373355-003) to Shelter Realty Limited As Agent For Bhagya Eranga Nishendra Wijeratne immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: lights, power points, floor, walls, doors, kitchen cupboards, carpets, oven, furnishings, hot water cylinder, curtains and nets. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5280739 — net $6,680.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement for the rest of the property, less depreciation	$1,200.00	Carpet replacement for the rest of the property, less depreciation
Repairs: hot water cylinder (limited to insurance excess only	$750.00	Repairs: hot water cylinder (limited to insurance excess only
Rent arrears to 22 May 2025	$670.00	Rent arrears to 22 May 2025
Window repairs	$379.50	Window repairs
Rubbish removal	$700.00	Rubbish removal
Electrical fittings replacement/repair: light, power points	$747.50	Electrical fittings replacement/repair: light, power points
Cleaning: exterior walls (intentionally soiled and tagged	$401.35	Cleaning: exterior walls (intentionally soiled and tagged
Cleaning	$494.50	Cleaning
Lock/key replacement	$600.00	Lock/key replacement
Repairs: floor, walls and doors, and kitchen cupboards	$2,012.50	Repairs: floor, walls and doors, and kitchen cupboards
Repairs: bedroom 1 carpet replacement	$570.00	Repairs: bedroom 1 carpet replacement
Repairs: oven replaced, including electrician's cost	$490.00	Repairs: oven replaced, including electrician's cost
Replace furnishings: curtains and nets	$318.00	Replace furnishings: curtains and nets
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,680.35
Total payable by Tenant to Landlord	$6,680.35

Claims and awards for application 5280739 — net $6,680.35 NZD. Verify on MoJ.

Carpet replacement for the rest of the property, less depreciation

Amount: $1,200.00
Awarded to: Landlord
Reason: Carpet replacement for the rest of the property, less depreciation

Repairs: hot water cylinder (limited to insurance excess only

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: hot water cylinder (limited to insurance excess only

Rent arrears to 22 May 2025

Amount: $670.00
Awarded to: Landlord
Reason: Rent arrears to 22 May 2025

Window repairs

Amount: $379.50
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $700.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Shelter Realty Limited As Agent For Bhagya Eranga Nishendra Wijeratne $6,680.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 (6373355-003) to Shelter Realty Limited As Agent For Bhagya Eranga Nishendra Wijeratne immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: lights, power points, floor, walls, doors, kitchen cupboards, carpets, oven, furnishings, hot water cylinder, curtains and nets. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5280739 — Property damage at 226 Mahia Road, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5280739 — Property damage at 226 Mahia Road, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions